April 3, 1998
To:East York Community Council of May 6, 1998
From:Richard Z. Tomaszewicz
Commissioner of Development Services for East York Division
Subject:PRIMARY REPORT
CASH-IN-LIEU OF PARKING APPLICATION
Restaurant Use
1677 Bayview Avenue
CASH.8
Ward 1 - East York
Purpose:
The Planning Division (East York Division) has received an application for Cash-in-Lieu of Parking for the property
located at 1677 Bayview Avenue.
This application has been submitted by Mr. Lee Yao Shoon on behalf of the owner, Mr. Peter Calandra. The application
has been submitted in order to request cash-in-lieu of parking for a proposed restaurant use on the ground floor of 1677
Bayview Avenue.
Recommendations:
It is recommended that East York Community Council approve this Cash-in-Lieu of Parking application, subject to the
owner entering into an agreement with the City of Toronto for the payment of $ 11,827.50 in lieu of 7 parking spaces. The
first two spaces are free as per the City of Toronto (East York Division) Policies and Procedures for Cash-in-Lieu Parking
as amended (see Appendix "A").
The maximum Public Floor Area to be used for this unit shall be 62.4m2
Source of Funds:
Not Applicable
Background:
On January 20, 1998, the Committee of Adjustment granted a variance from the required parking standard set out in
Zoning By-law No. 1916 for the subject property (see Appendix "B"). The application was submitted in order to request a
variance from providing 13 new parking spaces
required for the proposed restaurant use, and to maintain the 5 existing spaces.
The application was appealed by several neighbouring property owners to the Ontario Municipal Board. The appeal is still
waiting to heard.
If this application is approved, the Ontario Municipal Board hearing may not be necessary.
Comments:
Ownership
The owner of the subject property is Mr. Peter Calandra.
Proposed Changes
The change in use is from a bank to a restaurant. The only physical changes to the unit are the new signage at the front of
the building and interior layout alterations.
Parking:
The requirement for a restaurant is 1 parking space/4.8m2 of Public Floor Area, or in this case, 13 parking spaces.
The previous use in the subject unit was a bank, where the parking requirement is 1 parking space/47m2 of Gross Floor
Area, or in this case 6 parking spaces. The increased number of required parking spaces for a restaurant would be 7. The
owner proposes to maintain the existing 4 rear yard spaces which are accessed from the rear lane.
Therefore, if the Cash-in-Lieu of Parking for 7 spaces is approved, then there will no longer be a requirement for a minor
variance to forgive 13 spaces. This is because the cash-in-lieu contribution only needs to be applied to additional parking
required for the new use. The previous shortfall of 6 spaces for the bank is viewed as a legal-non-conforming condition.
Incidentally, the minor variance application was for 13 parking spaces because variance applications must deal with the
entire shortfall, even if part of it was a legal non-conforming situation.
Conclusion:
Planning staff have reviewed this application in conjunction with Transportation staff, East York Division.
Transportation staff are in support of this proposal and their comments are as follows:
*the proposed restaurant will serve mostly residents of the adjacent communities of Leaside and South Eglinton;
*many patrons will walk instead of using their vehicles which will lesson the demand for parking spaces; and
*on-street metered parking is available on Bayview Avenue which will provide additional parking spaces.
The Toronto Parking Authority has accumulated funds for additional parking lots in areas of the city. The commercial strip
on Bayview Avenue, where the subject property is located, is high on their priority list for construction of new public
parking lots. Any additional cash-in-lieu of parking monies would be added to this fund.
In view of the above, Planning staff recommend that this application be approved subject to the owner entering into a
Cash-in-Lieu of Parking Agreement with the City of Toronto, for which the owner shall pay $11,827.50 in lieu of the
shortfall of on-site parking spaces.
Contact Name:
Ron Lisabeth
Planning Technician
Development Services (East York Location)
Planning Division
ph - 778-2044
RICHARD Z. TOMASZEWICZ
COMMISSIONER OF DEVELOPMENT SERVICES (EAST YORK LOCATION)
